Attorney General Michael Mukasey appointed a special prosecutor to examine potential misconduct by White House and Justice Department officials related to the firing of several U.S. Attorneys. From the Legal Times:
Mukasey announced the appointment of career prosecutor Nora Dannehy to investigate the firings as the report was released Monday. Dannehy, currently the acting U.S. Attorney for the District of Connecticut and a veteran of the office’s white-collar and public-corruption section, will be able to subpoena witnesses to help her investigation, something the authors of the report couldn’t do.
The report specifically recommends that Dannehy investigate whether Justice Department officials made false statements to Congress or to investigators or violated other federal criminal statutes, including obstruction of justice or wire fraud.
From my initial read skim of the report, it seems that the most likely prosecutable offenses would be allegedly false statements to Congress and investigators, rather than the firing of U.S. Attorneys.
The article also quotes attorneys for Alberto Gonzales and Kyle Sampson disputing the investigative report that prompted the prosecutor’s appointment.
, Gonzales’ lawyer, George Terwilliger III, a partner at White & Case, said the report “makes clear that Judge Gonzales engaged in no wrongful or improper conduct while recognizing, as he has acknowledged many times, that the process for evaluating U.S. attorney performance in this instance was flawed.” . . .
Sampson’s lawyer, Bradford Berenson, a partner at Sidley Austin, said: “It is mystifying and disappointing that the Inspector General chose to impugn Mr. Sampson’s candor and integrity when, virtually alone among significant participants in this matter, Mr. Sampson at all times cooperated fully and voluntarily with any and all investigators, without preconditions, and provided his best, most honest and complete recollection of these events. He has behaved with honor and dignity throughout this difficult episode and has never attempted to shirk his responsibility for problems in the U.S. Attorney firings.”